1. DEFINITIONS

   • 1.1. In this Agreement the following definitions apply:-

     "Assignment"	means the period during which the Worker is engaged to render services to the Client.
     "Client"	means the person, firm or corporate body engaging the services of the Worker. means 1st Call Recruitment Services of.
     "Employment Business"	means you.
     "Temporary Worker"	means an average of 48 hours each week calculated over a 17 - 26 week reference period.
     "Working Week"

   • 1.2. References to the singular include the plural and references to the masculine include the feminine and vice versa.
   • 1.3. The headings contained in this Agreement are for convenience only and do not affect their interpretation.
2. RESTRICTION

   • 2.1. The Working Time Regulations 1998 provide that the Temporary Worker shall not work on an Assignment with the Client in excess of the Working Week unless s/he agrees in writing that this limit should not apply.

3. CONSENT

   • 3.1. The Temporary Worker hereby agrees that the Working Week limit shall not apply to any Assignment given provided by 1st Call Recruitment Services.

4. WITHDRAWAL OF CONSENT

   • 4.1. The Temporary Worker may end this Agreement by giving the Employment Business 1 week notice in writing.

   • 4.2. For the avoidance of doubt, any notice bringing this Agreement to an end shall not be construed as termination by the Temporary Worker of an Assignment with a Client.

   • 4.3. Upon the expiry of the notice period set out in clause 4.1 the Working Week limit shall apply with immediate effect.

5. THE LAW

   • 5.1. These Terms are governed by the law of England and are subject to the exclusive jurisdiction of the Court of England.

1. DEFINITIONS

   • 1.1. In this Agreement the following definitions apply:-

     "Act"	means Employment Agencies Act 1973 and all regulations made under that Act from time to time;
     "Actual QP Rate of Pay"	means the rate of pay which will be paid to the Agency Worker if and when s/he completes the Qualifying Period. Such rate will be paid for each hour worked during an Assignment (to the nearest quarter hour) weekly in arrears, subject to Deductions and any agreed deductions, as set out in any variation to the relevant Assignment Details Form;
     "Actual Rate of Pay"	means, unless and until the Agency Worker has completed the Qualifying Period, the rate of pay which will be paid for each hour worked during an Assignment (to the nearest quarter hour) weekly in arrears, subject to Deductions and any agreed deductions, as set out in the relevant Assignment Details Form;
     "Agency Worker"	means …………………………………… of …………………………………… supplied by the Employment Business to provide services to the Hirer;
     "Agency Workers Regulations"	means the Agency Workers Regulations 2010;
     "Assignment"	means assignment services to be performed by the Agency Worker for the Hirer for a period of time during which the Agency Worker is supplied by the Employment Business to work temporarily for and under the supervision of the Hirer;
     "Assignment Details Form"	means written confirmation of the assignment details to be given to the Agency Worker upon acceptance of the Assignment;
     "Calendar Week"	means any period of 7 days starting with the first day of the First Assignment;
     "Deductions"	means any deductions which the Employment Business may be required by law to make and in particular in respect of PAYE pursuant to Sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003 and Class 1 National Insurance Contributions;
     "Data Protection Laws"	means General Data Protection Regulation (EU) 2016/679 and the Data Protection Act 2018, and any applicable law or regulation which supersedes or replaces any of the foregoing in the United Kingdom;
     "Emoluments"	means any pay in addition to the Actual QP Rate of Pay;
     "Employment Business"	means ……………. which operates as an employment business in relation to the Agency Worker;
     "Engagement"	means the engagement, employment or use of the Agency Worker by the Hirer or any third party to whom the Agency Worker has been introduced by the Hirer, on a permanent or temporary basis, whether under a contract of service or for services, and/or through a company of which the Agency Worker is an officer, employee or other representative, an agency, license, franchise or partnership arrangement, or any other engagement; and “Engage”, “Engages” and “Engaged” shall be construed accordingly;
     "First Assignment"	means: the relevant Assignment; or if, prior to the relevant Assignment: (i)the Agency Worker has worked in any assignment in the same role with the relevant Hirer as the role in which the Agency Worker works in the relevant Assignment; and the relevant Qualifying Period commenced in any such assignment, that assignment (an assignment being (for the purpose of this defined term) a period of time during which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Hirer to work temporarily for and under the supervision and direction of the relevant Hirer);
     "Hirer"	means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 2006 contracting to hire the services of the Agency Worker from the Employment Business;
     "Hirer’s Group"	means: any individual, company, partnership, statutory bodyor other entity which from time to time Controls the Hirer, including (but not limited to) as a holding company as defined in section 1159 of the Companies Act 2006; and any company, partnership, statutory body or other entity which from time to time is Controlled by or is under common Control with the Hirer, including (but not limited to) as a subsidiary or holding company as defined in section 1159 of the Companies Act 2006;
     "Leave Year"	means the period during which the Agency Worker accrues and may take statutory leave commencing on the date that the Agency Worker starts an Assignment or a series of Assignments;
     "NM"	New Millennia Payroll Services Limited (Company No. 4254121) whose registered offices are at New Millennia, 1121 Ashton Old Road, Openshaw, Manchester, M11 1AA who the Employment Business has a contract with to perform certain services and to discharge certain obligations of the Employment Business in favour of the Agency Workers as set out in clauses 4.1 to 4.4 inclusive;
     "NM Privacy Policy"	means the NM privacy policy setting out how NM processes personal data of the Agency Worker (as may be updated by NM from time to time);
     "Period of Extended Hire"	means any additional period that the Hirer wishes the Agency Worker to be supplied for beyond the duration of the original Assignment or series of assignments as an alternative to paying a Transfer Fee;
     "Qualifying Period"	means 12 continuous Calendar Weeks during the whole or part of which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Hirer to work temporarily for and under the supervision and direction of the relevant Hirer in the same role, and as further defined in Schedule 2 to these Terms;
     "Relevant Period"	means: the period of 8 weeks commencing on the day after the last day on which the Agency Worker worked for the Hirer having been supplied by the Employment Business; or the period of 14 weeks commencing on the first day on which the Agency Worker worked for the Hirer having been supplied by Employment Business or 14 weeks from the first day of the most recent Assignment where there has been a break of more than 6 weeks (42 days) since any previous assignment;
     "Regulations"	means the Conduct of Employment Agencies and Employment Businesses Regulations 2003;
     "Terms"	means these terms of engagement (including the attached schedules) together with any applicable Assignment Details Form;
     "Temporary Work Agency"	means as defined in Schedule 2 to these Terms;
     "Transfer Fee"	means the fee payable by the Hirer to the Employment Business in accordance with clause 3.7, as permitted by Regulation 10 of the Regulations;
     "Working Time Regulations"	means the Working Time Regulations 1998.

   • 1.2. Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa. The headings contained in these Terms are for convenience only and do not affect their interpretation.
   • 1.3. Any reference, express or implied to an enactment includes a reference to that enactment as from time to time amended, modified extended, re-enacted, replaced or applied by or under any other enactment (whether before or after the date of these Terms) and all subordinate legislation made (before or after these Terms) under it from time to time.
2. THE CONTRACT
   • 2.1. These Terms constitute a contract for services between the Employment Business and the Agency Worker and they govern all Assignments undertaken by the Agency Worker. However, no contract shall exist between the Employment Business and the Agency Worker between Assignments.
   • 2.2. For the avoidance of doubt, these Terms shall not give rise to a contract of employment between the Employment Business and/or its agents and the Agency Worker. The Agency Worker is engaged as a worker, although the Employment Business is required to ensure statutory deductions from his remuneration are made in accordance with clause 4.4.
   • 2.3. No variation or alteration of these Terms shall be valid unless set out in writing and approved by the Employment Business and the Agency Worker and a copy given to the Agency Worker within 5 working days of the date of such approval. The written variation shall state the date from which the varied term shall apply. Any variations of this clause 2.3 and clauses 4 and 10 shall also require written approval of NM.
   • 2.4. For the purposes of the Act the Employment Business is an employment business which provides a work-finding service and so is prohibited under the Act from charging the Agency Worker a fee. In so far as the Employment Business provides goods or other services they are described and payable as stated on the Assignment Details Form and if none is stated then no goods or other services are provided by the Employment Business for which a fee is charged.
3. ASSIGNMENTS AND INFORMATION TO BE PROVIDED
   • 3.1. The Employment Business will endeavour to obtain suitable Assignments for the Agency Worker for the type of work ………………………………… The Agency Worker is not obliged to accept any Assignment offered by the Employment Business.
   • 3.2. The Agency Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available and agrees that suitability shall be determined solely by the Employment Business and that the Employment Business shall incur no liability to the Agency Worker should it fail to offer opportunities to take Assignments of the type shown on the Assignment Details Form.
   • 3.3. At the same time as an Assignment is offered to the Agency Worker the Employment Business shall provide the Agency Worker with an Assignment Details Form setting out the following:
     
     • 3.3.1. the identity of the Hirer, and if applicable the nature of their business;
     • 3.3.2. the date the Assignment is to commence and the duration or likely duration of Assignment;
     • 3.3.3. the type of work, location and hours during which the Agency Worker would be required to work;
     • 3.3.4. the hourly rate that will be paid and any expenses payable by or to the Agency
     • 3.3.5. any risks to health and safety known to the Hirer in relation to the Assignment and the steps the Hirer has taken to prevent or control such risks; and
     • 3.3.6. what experience, training qualifications and any authorisation required by law or a professional body the Hirer considers necessary or which are required by law to work in the Assignment.
   • 3.4. Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any Public or Bank Holiday) following save where:
     
     • 3.4.1. the Agency Worker is being offered an Assignment in the same position as one in which the Agency Worker has previously been supplied within the previous 5 business days and such information has already been given to the Agency Worker and remains unchanged; or
     • 3.4.2. subject to clause 3.5, the Assignment is intended to last for 5 consecutive business days or less and such information has previously been given to the Agency Worker before and remains unchanged, the Employment Business needs only to provide written confirmation of the identity of the Hirer and the likely duration of the Assignment.
   • 3.5. Where the provisions of clause 3.4(b) are met but the Assignment extends beyond the intended 5 consecutive business day period, the Employment Business shall provide such information set out in clause 3.3 to the Agency Worker in paper or electronic form within 8 days of the start of the Assignment.
   • 3.6. For the purpose of calculating the average number of weekly hours worked by the Agency Worker on an Assignment, the start date for the relevant averaging period under the Working Time Regulations shall be the date on which the Agency Worker commences the first Assignment.
   • 3.7. If, before or during an Assignment or during the Relevant Period, the Hirer wishes to Engage the Agency Worker directly or through another employment business, the Agency Worker acknowledges that the Employment Business will be entitled either to charge the Hirer a Transfer Fee or to agree a Period of Extended Hire with the Hirer at the end of which the Agency Worker may be Engaged directly by the Hirer or through another employment business without further charge to the Hirer. In addition the Employment Business will be entitled to charge a Transfer Fee to the Hirer if the Hirer introduces the Agency Worker to a third party (other than another employment business) who subsequently Engages the Agency Worker, directly or indirectly, before or during an Assignment or within the Relevant Period.
   • 3.8. If the Agency Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, and if the Agency Worker is entitled to any terms and conditions relating to the duration of working time, night work, rest periods and/or rest breaks under the Agency Workers Regulations which are different and preferential to rights and entitlements relating to the same under the Working Time Regulations, any such terms and conditions will be as set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form (as appropriate).
   • 3.9. If the Agency Worker considers that s/he has not or may not have received equal treatment under the Agency Workers Regulations, the Agency Worker may raise this in writing with the Employment Business setting out as fully as possible the basis of his/her concerns.
4. REMUNERATION
   • 4.1. The Agency Worker shall be paid the Actual Rate of Pay unless and until the Agency Worker completes the Qualifying Period. The Actual Rate of Pay will be notified on a per Assignment basis and as set out in the relevant Assignment Details Form. The Agency worker will be entitled to a minimum rate of pay which is equal to or greater than National Minimum Wage.
   • 4.2. If the Agency Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, NM shall pay to the Agency Worker the Actual QP Rate of Pay and the Emoluments (if any), which will be notified on a per Assignment basis and as set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form.
   • 4.3. If the Agency Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, the Agency Worker may be entitled to receive a bonus. The Agency Worker will comply with any requirements of the Employment Business, NM and/or the Hirer relating to the assessment of the Agency Worker's performance for the purpose of determining whether or not the Agency Worker is entitled to a bonus and the amount of any such bonus. If, subject to satisfying the relevant assessment criteria, the Agency Worker is entitled to receive a bonus, NM will pay the bonus to the Agency Worker.
   • 4.4. The payment of the remuneration, administration of the Deductions and maintenance of all paperwork relating to it shall be the obligation and responsibility of NM on whose behalf the Employment Business is authorised to make this promise. Whilst NM may be shown on forms P45 and on the Agency Worker’s payslips as the employer of the Agency Worker for income tax and Deductions purposes, the Agency Worker is in fact a worker and not an employee of either the Employment Business or NM for the purposes of the Employment Rights Act 1996 or other employment law.
   • 4.5. The Agency Worker understands the limited role of NM as a provider of payroll payments and administration services to the Employment Business and consents to NM having the obligation and responsibility for payment of his or her remuneration and administering the Deductions. NM make promise of payment to the Agency Worker regardless of payment not being received from the Hirer.
   • 4.6. Subject to any statutory entitlement under the Act or any other relevant legislation, the Agency Worker is not entitled to receive remuneration for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed in accordance with the details shown on the Assignment Details Form.
5. ANNUAL LEAVE
   • 5.1. The Agency Worker is entitled to paid annual leave according to the statutory minimum as provided by the Working Time Regulations from time to time. The current statutory entitlement to paid annual leave under the Working Time Regulations is 5.6 weeks.
   • 5.2. Entitlement to payment for leave under clause 5.1 accrues in proportion to the amount of time worked by the Agency Worker on Assignment during the Leave Year.
   • 5.3. Under the Agency Workers Regulations, on completion of the Qualifying Period the Agency Worker may be entitled to paid and/or unpaid annual leave in addition to the Agency Worker's entitlement to paid annual leave under the Working Time Regulations and in accordance with clauses 5.1 and 5.2. If this is the case, any such entitlement(s), the date from which any such entitlement(s) will commence and how payment for such entitlement(s) accrues will be as set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form.
   • 5.4. All entitlement to leave must be taken during the course of the Leave Year in which it accrues and, save as may be set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form, none may be carried forward to the next year. The Agency Worker is responsible for ensuring that all paid annual leave is requested and taken within the Leave Year.
   • 5.5. If the Agency Worker wishes to take paid leave during the course of an Assignment s/he should notify the Employment Business of the dates of his/her intended absence giving notice of at least twice the length of the period of leave that s/he wishes to take. In certain circumstances the Employment Business may require the Agency Worker to take paid annual leave at specific times or notify the Agency Worker of periods when paid annual leave cannot be taken. Where the Agency Worker has given notice of a request to take paid annual leave in accordance with this clause, the Employment Business may give counter-notice to the Agency Worker to postpone or reduce the amount of leave that the Agency Worker wishes to take. In such circumstances the Employment Business will inform the Agency Worker in writing giving at least the same length of notice as the period of leave that it wishes to postpone or reduce it by.
   • 5.6. Subject to clause 5.3, the amount of payment which the Agency Worker will receive in respect of periods of annual leave taken during the course of an Assignment will be calculated in accordance with and paid in proportion to the number of hours which the Agency Worker has worked on Assignment.
   • 5.7. Subject to clause 5.3, in the course of any Assignment during the first Leave Year, the Agency Worker is entitled to request leave at the rate of one-twelfth of the Agency Worker’s total holiday entitlement in each month of the leave year.
   • 5.8. Save where this clause is amended by the Assignment Details Form, where a bank holiday or other public holiday falls during an Assignment and the Agency Worker does not work on that day, then subject to the Agency Worker having accrued entitlement to payment for leave in accordance with clause 5.2 or clause 5.3 (if applicable), that day shall count as part of the Agency Worker’s paid annual leave entitlement.
   • 5.9. Where this contract is terminated by either party, the Agency Worker shall be entitled to a payment in lieu of any untaken leave where the amount of leave taken is less than the amount accrued in accordance with clause 5 at the date of termination.
6. SICKNESS ABSENCE
   • 6.1 The Agency Worker whilst a worker may be eligible for Statutory Sick Pay provided that he or she meets the relevant statutory criteria.
   • 6.2 For the purposes of the Statutory Sick Pay scheme qualifying days are those which it is shown on the Assignment Details Form shall be worked each week during the course of an Assignment and if none are shown then there is one qualifying day per week which is the Wednesday in each week.
   • 6.3 In the event that the Agency Worker submits a Statement of Fitness for Work (“the Statement”) or similar medical evidence, which indicates that the Agency Worker may, subject to certain conditions, be fit to work/return to work, the Employment Business will in its absolute discretion determine whether the Agency Worker will be (a) placed in a new Assignment or (b) permitted to continue in an ongoing Assignment. In making such determination the Employment Business may consult with the Hirer and the Agency Worker as appropriate to assess whether the conditions identified in the Statement or similar documentation can be satisfied for the duration of the Assignment.
7. TIME SHEETS
   • 7.1. By 10.00 a.m. on the Monday following each week (or part week) of an Assignment the Agency Worker shall deliver to the Employment Business his time sheet duly completed to indicate the number of hours worked by him during the preceding week (or part week) and signed by an authorised representative of the Hirer. Failure to submit a time sheet for hours worked may delay payment for those hours whilst the Employment Business establishes that the Agency Worker has in fact worked the hours agreed for the Assignment. The Employment Business shall make no payment to the Agency Worker for hours not worked but the Employment Business shall pay the Agency Worker for all hours worked regardless of whether the Employment Business has received payment from the Hirer for those hours.
   • 7.2. For the avoidance of doubt and for the purposes of the Working Time Regulations, the Agency Worker’s working time shall only consist of those periods during which he is carrying out his activities or duties for the Hirer as part of the Assignment. Time spent between Assignments, whilst travelling to the Hirer’s premises, lunch breaks and other rest breaks shall not count as part of the Agency Worker’s working time for these purposes.
8. AGENCY WORKER’S OBLIGATIONS
   • 8.1 The Agency Worker is not obliged to accept any Assignment offered by the Employment Business but if he does so, during every Assignment and afterwards where appropriate, he will:
     
     • 8.1.1. co-operate with the Hirer’s lawful instructions and accept and act under the direction, supervision and control of any responsible person in the Hirer’s organisation;
     • 8.1.2. observe any relevant rules and regulations of the Hirer’s establishment (including normal hours of work) to which attention has been drawn or which the Agency Worker might reasonably be expected to ascertain;
     • 8.1.3. take all reasonable steps to safeguard his own health and safety and that of any other person who may be present or be affected by his actions on the Assignment and comply with the Health and Safety policies and procedures of the Hirer;
     • 8.1.4. not engage in any conduct detrimental to the interests of the Hirer or any other workers of the Hirer;
     • 8.1.5. not at any time divulge to any person, nor use for his own or any other person’s benefit, any confidential information relating to the Hirer’s or the Employment Business’, business affairs, transactions, finances, or employees;
     • 8.1.6. not commit any act or omission constituting unlawful discrimination against or harassment of any member of the Employment Business’ or the Hirer’s staff; and
     • 8.1.7. on completion of the Assignment or at any time when requested by the Hirer or the Employment Business, return to the Hirer or where appropriate, to the Employment Business, any Hirer property or items provided to the Agency Worker in connection with or for the purpose of the Assignment, including, but not limited to any equipment, materials, documents, swipe cards, ID cards, uniforms, personal protective equipment or clothing.
   • 8.2. If the Agency Worker accepts any Assignment offered by the Employment Business, as soon as possible prior to the commencement of each such Assignment and during each Assignment (as appropriate) and at any time at the Employment Business' request, the Agency Worker undertakes to:
     
     • 8.2.1. inform the Employment Business of any Calendar Weeks between 1 October 2011 and prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment in which the Agency Worker has worked in the same or a similar role with the relevant Hirer via any third party and which the Agency Worker believes count or may count toward the Qualifying Period;
     • 8.2.2. provide the Employment Business with all the details of such work, including (without limitation) details of where, when and the period(s) during which such work was undertaken and any other details requested by the Employment Business; and
     • 8.2.3. inform the Employment Business if, since 1 October 2011, s/he has prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment:
       
       • 8.2.3.1. completed two or more assignments with the Hirer;
       • 8.2.3.2. completed at least one assignment with the Hirer and one or more earlier assignments with any member of the Hirer's Group; and/or
       • 8.2.3.3. worked in more than two roles during an assignment with the Hirer and on at least two occasions worked in a role that was not the same role as the previous role.
   • 8.3 If the Agency Worker is unable for any reason to attend work during the course of an Assignment he should inform the Hirer and the Employment Business within one hour of the commencement of the Assignment or shift.
   • 8.4 If at any time the Agency Worker becomes aware of any reason why he or she may not be suitable for an Assignment he or she shall notify the Employment Business without delay.
   • 8.5 The Agency Worker warrants to the Employment Business that all information given to the Employment Business in relation to the Agency Worker and his or her qualifications, skills, experience and any other matters requested was when given, and will throughout the Assignment remain, true, accurate, complete and not misleading.
9. TERMINATION
   • 9.1. The Employment Business or the Hirer may, without prior notice or liability, terminate the Agency Worker’s Assignment at any time.
   • 9.2. The Agency Worker acknowledges that the continuation of an Assignment is subject to and conditioned by the continuation of the contract entered into between the Employment Business and the Hirer. In the event that the contract between the Employment Business and the Hirer is terminated for any reason the Assignment shall cease with immediate effect without liability to the Agency Worker (save for payment for hours worked by the Agency Worker up to the date of termination of the Assignment).
   • 9.3. The Agency Worker may terminate an Assignment at any time by giving to the Employment Business notice in writing of the following period ……… and if none is stated then no notice period is required.
   • 9.4. If the Agency Worker does not inform the Hirer and the Employment Business that he or she will be unable to attend work during the course of an Assignment this will be treated as immediate termination of the Assignment by the Agency Worker .
   • 9.5. If the Agency Worker is absent during the course of an Assignment and this contract has not been otherwise terminated the Employment Business will be entitled to terminate this contract in accordance with clause 9.1 if the work to which the Agency Worker was assigned is no longer available for the Agency Worker.
   • 9.6. If the Agency Worker does not report to the Employment Business to notify his availability for work for a period of thirteen weeks following the end of the last Assignme
10. CONFIDENTIALITY AND DATA PROTECTION
    • 10.1. In connection with an Assignment, Personal Data of the Agency Worker will be disclosed to NM for the purposes referred to in clause 4 and third parties (including the Hirer) for the purposes of the Assignment.
11. INTELLECTUAL PROPERTY RIGHTS
    • 11.1. The Agency Worker acknowledges that all copyright, trademarks, patents and other intellectual property rights deriving from services carried out by him/her for the Hirer during the Assignment shall belong to the Hirer. Accordingly the Agency Worker shall execute all such documents and do all such acts as the Employment Business shall from time to time require in order to give effect to its rights pursuant to this clause.
12. CONFIDENTIALITY
    • 12.1. In order to protect the confidentiality and trade secrets of any Hirer and the Employment Business and without prejudice to every other duty to keep secret all information given to it or gained in confidence the Agency Worker agrees as follows:
      
      • 12.1.1. time, whether during or after an Assignment (unless expressly so authorised by the Hirer, the Employment Business or NM as a necessary part of the performance of its duties) to disclose to any person or to make use of any of the trade secrets or the Confidential Information of the Hirer or the Employment Business or NM with the exception of information already in the public domain;
      • 12.1.2. to deliver up to the Hirer, the Employment Business or NM (as directed) at the end of each Assignment all documents and other materials belonging to the Hirer (and all copies) which are in its possession including documents and other materials created by him/her during the course of the Assignment; and
      • 12.1.3. not at any time to make any copy, abstract, summary or précis of the whole or any part of any document or other material belonging to the Hirer except when required to do so in the course of its duties under an Assignment in which event any such item shall belong to the Hirer or the Employment Business as appropriate.
13. SEVERABILITY
    • 13.1. If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining Terms, which shall continue to be valid to the fullest extent permitted by applicable laws.
14. NOTICES
    • 14.1. All notices which are required to be given in accordance with these Terms shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, by email, facsimile transmission or via the electronic system operated by NM and the Employment Business. Any such notice shall be deemed to have been served: if by hand when delivered; if by first class post 48 hours following posting; and if by email, facsimile transmission or the electronic system, when that email, facsimile or electronic communication is sent.
15. LAW
    • 15.1. These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.

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